The AIU has confirmed that the Doping Control Assistant involved in testing Mr Kiprop on 27
November 2017 (who is known to Mr Kiprop) admitted that he provided Mr Kiprop with
advanced notice of the testing that was to take place on that date. This is extremely
disappointing. The AIU has submitted to the Tribunal that these actions may constitute a
departure from the requirements of the International Standard for Testing and Investigations
(“ISTI”). Under the Rules, a departure from the requirements of the ISTI will only invalidate
an Adverse Analytical Finding if that departure could reasonably have caused the Adverse
Analytical Finding. The advanced notice of testing given by the Doping Control Assistant
could not reasonably have caused EPO to be present in Mr Kiprop’s Sample and, as such,
the departure does not invalidate the Adverse Analytical Finding. This will ultimately be a
matter for the Tribunal to determine.